Section 32 in The Maharashtra Tenancy and Agricultural Lands Act, 1948
32. Tenants deemed to have purchased land on tillers' day.
- [(1)] [This section was renumbered as sub-section (1) by Bombay 15 of 1957, Section 8.] On the first day of April, 1957 (hereinafter referred to as "the tillers' day") every tenant shall, [subject to the other provisions of this section and the provisions of] [These words were substituted for the words 'subject to the provisions of' by Bombay 63 of 1958, Section 5(1).] the next succeeding sections, be deemed to have purchased from his landlord, free of all encumbrances subsisting thereon on the said day, the land held by him as tenant, if,(a)such tenant is a permanent tenant thereof and cultivates land personally;(b)such tenant is not a permanent tenant but cultivates the land leased personally; and(i)the landlord has not given notice of termination of his tenancy under section 31; or(ii)notice has been given under section 31, but the landlord has not applied to the Mamlatdar on or before the 31st day of March, 1957 under section 29 for obtaining possession of the land; [or] [This word was added by Bombay 38 of 1957, Section 12(1).](iii)[ the landlord has not terminated his tenancy on any of the grounds specified in section 14, or has so terminated the tenancy but has not applied to the Mamlatdar on or before the 31st day of March, 1957 under section 29 for obtaining possession of the lands:] [This sub-clause was inserted by Bombay 38 of 1957, Section 12(2).]Provided that if an application made by the landlord under section 29 for obtaining possession of the land has been rejected by the Mamlatdar or by the Collector in appeal or in revision by the [Maharashtra Revenue Tribunal] [These words were substituted for the words 'Divisional Commissioner' by the Maharashtra 23 of 2007 (w.e.f. 1-8-2007).] under the provisions of this Act, the tenant shall be deemed to have purchased the land on the date on which the final order of rejection is passed. The date on which the final order of rejection is passed is hereinafter referred to as "the postponed date".[Provided further that the tenant of a landlord who is entitled to the benefit of the proviso to sub-section (3) of section 31 shall be deemed to have purchased the land on the 1st day of April, 1958, if no separation of his share has been effected before the date mentioned in that proviso.] [This proviso was added by Bombay 38 of 1957. Section 12(3).](1A)[ (a) Where a tenant, on account of his eviction from the land by the landlord, before the 1st day of April, 1957, is not in possession of the land on the said date but has made or makes an application for possession of the land under sub-section (1) of section 29 within the period specified in that sub-section, then if the application is allowed by the Mamlatdar, or as the case may be, in appeal by the Collector or in revision by the [Maharashtra Revenue Tribunal] [Sub-section (1A) was inserted by Bombay 63 of 1958, Section 5(2).], he shall be deemed to have purchased the land on the date on which the final order allowing the application is passed.(b)Where such tenant has not made an application for possession within the period specified in sub-section (1) of section 29 or the application made by him is finally rejected under this Act, and the land is held by any other person as tenant on the expiry of the said period or on the date of the final rejection of the application, such other person shall be deemed to have purchased the land on the date of the expiry of the said period or as the case may be, on the date of the final rejection of the application.](1B)[ Where a tenant who was in possession on the appointed day and who on account of his being dispossessed before the 1st day of April, 1957 otherwise than in the manner and by an order of the Tahsildar as provided in section 29, is not in possession of the land on the said date and the land is in the possession of the landlord or his successor-in-interest on the 31st day of July, 1969 and the land is not put to a non-agricultural use on or before the last mentioned date, then, the Tahsildar shall, notwithstanding anything contained in the said section 29, either suo mote or on the application of the tenant, hold an inquiry and direct that such land shall be taken from the possession of the landlord or, as the case may be, his successor-in-interest, and shall be restored to the tenant; and thereafter, the provisions of this section and sections 32A to 32R (both inclusive) shall, in so far as they may be applicable, apply thereto, subject to the modification that the tenant shall be deemed to have purchased that land on the date on which the land is restored to him:Provided that, the tenant shall be entitled to restoration of the land under this sub-section only if he undertakes to cultivate the land personally and of so much thereof as together with the other land held by him as owner or tenant shall not exceed the ceiling area.Explanation. - In this sub-section, "successor-in-interest" means a person who acquires the interest by testamentary disposition or devolution on death.] [Sub-section (1B) was inserted by Maharashtra 49 of 1969, Section 2 Schedule.](2)[ Where by custom, usage or agreement or order of a Court, any warkas and belonging to the landlord is used by the tenant for the purpose of rab manure in connection with rice cultivation in the land held by him as tenant,-(a)the whole of such warkas land, or(b)as the case may be, such part thereof as the Tribunal may determine in cases where such warkas land is jointly used by more persons than one for the purpose of rab manure.shall be included in the land to be deemed to have been purchased by the tenant under sub-section (1):Provided that in cases referred to in clause (b) the Tribunal may determine that such warkas land shall be jointly held by persons entitled to use the same, if in the opinion of the Tribunal, the partition of such warkas land by metes and bounds is neither practicable nor expedient in the interest of such persons.] [This sub-section was inserted by Bombay, 15 of 1957, Section 8.](3)[ In respect of the land deemed to have been purchased by a tenant under sub-section (1),-(a)[ the tenant-purchaser shall be liable to pay to the former landlord compensation for the use and occupation of the land, a sum equal to the rent of such land every year, and](b)the [former landlord] [These words were substituted for the word 'landlord' by Maharashtra 9 of 1961, Section 6(b).] shall continue to be liable to pay to the State Government the dues, if any, referred to in clauses (a), (b), (c) and (d) of subsection (1) of section 10A, where [the tenant-purchaser] [These words were substituted for the words 'the tenant', by Maharashtra 9 of 1961, Section 6(b).] is not liable to pay such dues under sub-section (3) of that section.until the amount of the purchase price payable by [the tenant-purchaser] [These words were substituted for the words 'the tenant', by Maharashtra 9 of 1961, Section 6(b).] to the [former landlord] [These words were substituted for the word 'landlord' by Maharashtra 9 of 1961, Section 6(b).] is determined under section 32-H.] [Sub-section (3) was inserted by Bombay 63 of 1958, Section 5(3).](4)[ Where any land held by a tenant is wholly or partially exempt from the payment of land revenue and is deemed to have been purchased by him under sub-section (1) or under section 32-F, section 32-O or section 33-C then,-(a)the tenant-purchaser shall in respect of such land, be liable to pay the full land revenue leviable thereon, and(b)the State Government shall, with effect from the date on which the tenant is deemed to have purchased the land, but so long only as the tenure on which the land was held by the landlord continues and is not abolished, pay annually to the former landlord,-(i)where such land is wholly exempt from the payment of land revenue, a cash allowance of an amount equal to the full land revenue leviable on such land; and(ii)in other cases, an amount equal to the difference between the full land revenue leviable on such land and the land revenue payable thereon immediately before the said date.]
